Joseph Kahuga Nderitu & 4 others (suing on their behalf and on behalf of the Panorama Gardens Residents Assossiation) v Urithi Housing Co-operative Society Limited & another [2021] KEELC 3107 (KLR)

Facts

The Plaintiffs, including a residents association, sued the Defendants, a housing cooperative society and a bank, over the sale of properties. The Plaintiffs claimed specific performance, declaration of trust, extension of time for obtaining consent from the Land Control Board, and an escrow account for pending payments.

Issues

1. Whether the court has jurisdiction to hear the case as it involves a dispute between a cooperative and its members.
2. Whether the Preliminary Objection is a pure point of law and not a matter requiring further investigation.

Reasoning

The court found that the dispute does not fall under the Cooperative Societies Act's definition of a dispute and that the parties are not limited to a cooperative society and its members. The court also noted that further investigation is needed to determine the nature of the dispute.

Outcome

The Preliminary Objection is dismissed.

Authorities cited